Washington, D.C. – The Inter-American Commission on Human Rights
(IACHR) has decided to approve the friendly settlement concerning
Case 13,408—Alberto Patishtán Gómez, Mexico—and to publish the
relevant approval report. The IACHR noted that there had been full
compliance with the agreement and congratulated petitioners and the
Mexican State for their efforts to achieve those results.

The case concerns the international responsibility of the Mexican
State for rights violations perpetrated by agents of the State on
June 19, 2000 in the state of Chiapas. Such rights violations
include violations of due process and a failure to adequately
diagnose and provide treatment to Alberto Patishtán Gómez, who was a
political activist advocating for indigenous communities in the
region and who belongs to the Tzotzil indigenous community.

On September 11, 2018, the parties signed a friendly settlement
that includes the following implementation clauses:

Clause 3.3 - Agreement concerning healthcare provision - The
“direct victim’s” specific healthcare needs have already been
satisfied and fully complied with by the National Institute of
Neurology and Neurosurgery.

Clause 3.5 - Rehabilitation measure concerning employment -
The position once held by Alberto Patishtán Gómez has been
restored, although it is currently being commissioned to someone
else given the frail neurological and eyesight conditions of
Alberto Patishtán Gómez, who has been diagnosed and is currently
being treated by the National Institute of Neurology and
Neurosurgery. In this context, the IACHR expresses its
commitment to keep commissioning the job indefinitely, so that
the health of Alberto Patishtán Gómez is not jeopardized by him
standing before a group. “The victim” agrees to annually inform
the Mexican government of an up-to-date diagnosis concerning his
health condition.

B. Satisfaction measures

Clause 3.6 - Public event to acknowledge responsibility -
“The parties” agree that the following reparations have been
fully complied with:

“On October 31, 2013, the Interior Minister told a press
conference that the federal government had granted a pardon to
Alberto Patishtán Gómez, a teacher, after identifying
‘consistent evidence of serious violations of human rights
including due process’.”

Clause 3.7 - Promotion of the event to acknowledge
responsibility - The event was broadcast on public-access
television and on several national media.

D. Compensatory Damages

Clause 3.10 - Concerning financial compensation, “the
parties” acknowledge that Alberto Patishtán Gómez has received
compensatory damages from the “Mexican State” and admits that he
is satisfied with the payments he received for the material and
immaterial damage he suffered.

E. Restitution measure

Clause 3.11 - As a restitution measure, Alberto Patishtán
Gómez was immediately released from compliance with the decree
that was passed on the Federal Government’s initiative, and
Article 97 Bis of the Federal Penal Code was amended to
substantiate presidential power. Further, with a view to
restituting his conditions before these human rights violations
occurred, he was restored to his job as a teacher, and he was
promoted to the position of indigenous teacher.

The Inter-American Commission closely followed the implementation
of the friendly settlement that was agreed in this case. The IACHR
highly commends both parties for their efforts while negotiating the
friendly settlement, which turned out to be compatible with the
Convention’s aims and purposes. In its approval report, the IACHR
considered and stated that this friendly settlement had been fully
complied with.

Finally, the Commission commends the Mexican State on its efforts
to solve cases that are taken before the friendly settlement
mechanism and to develop a friendly settlement policy and a policy
based on compliance with decisions made by the Inter-American Human
Rights System. The Commission further congratulates the petitioning
party for all its efforts to contribute to improving the friendly
settlement procedure.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.